The deviance paradox results in both underinclusiveness and overinclusiveness
in apportioning blame.
This type of reasoning is consequentialist, and accepts the overinclusiveness
of the prohibitions.
Court also decried the law's "patent overinclusiveness
Still, the overinclusiveness
of Gelbach's measurement approach and
208) According to the court, problems with a class definition, such as overinclusiveness
or a "fail-safe" concern, "can and often should be solved by refining the class definition rather than by flatly denying class certification on that basis.
This demonstrates the overinclusiveness
of a definition that compares market price and issue price.
Where the vulnerable are defined in terms of status characteristics--the elderly, the physically and mentally disabled--obvious problems of inappropriate overinclusiveness
(together with less obvious, and more controversial, problems of underinclusiveness) arise, (74) "reawaken[ing]", indeed, the "ghost of a 'status approach'" that was intended to have been banished by functional capacity assessment.
complexity and the potential for both under- and overinclusiveness
33) Because it is an all-or-nothing proposition--either the full panoply of constitutional strictures applies to a private party exercising government functions, or none at all (84)--it is prone to underinclusiveness or, more rarely, overinclusiveness
The case has been highly criticized because of the overinclusiveness
of the racial classification and the unfair imprisonment of Japanese-Americans.
constraint: Criminal legislation may be no more extensive than is necessary to achieve its legitimate objective (such that there is "a presumption against overinclusive criminal laws").
Particularly in today's environment, management often errs on the side of overinclusiveness
, or just supplements historical practices, which often leads to gargantuan amounts of material sent to directors.